A Kanawha County judge has confirmed that an office building being constructed by the West Virginia University Foundation for use by WVU is a private project rather than a public one.

Judge Charles King Jr. ruled Tuesday (May 23) that development and construction of the Riverfront Office Complex on Don Knotts Boulevard is not a public project”solely by virtue of WVUs participation in the planning process, anticipated lease of, and/or option to purchase a portion of the completed facility.”

Judge Kings ruling was issued in a lawsuit that the Affiliated Construction Trades Foundation filed last October against WVU , the Foundation, the University of West Virginia Board of Trustees and contractors for the project.

Platinum Properties of Morgantown is constructing the building for the Foundation. WVU plans to lease office space from the Foundation once the $22.8 million facility is completed. The building is part of a comprehensive development plan for Morgantown’s waterfront that includes a full-service hotel, conference center and parking garage.

The ACTF suit alleged that the project should be considered a public rather than a private project.